UNIVERSITY SYSTEM OF GEORGIA

Human Resources

Administration Division

Fair Labor Standards Act (FLSA)

The University System of Georgia (USG) adopted a system-wide approach to implementing the 2016 Fair Labor Standards Act (FLSA) federal regulatory changes. This webpage is your source for information and updates related to USG FLSA effort.

The site will be updated as pertinent details and developments occur.

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IMPORTANT NOTICES

September 6, 2017

On August 31, 2017, U.S. District Judge Amos Mazzant ruled against the Department of Labor’s revised regulations which would have increased the FLSA overtime exemption salary threshold. In addition to this most recent court ruling, on July 26, 2017, the Department of Labor published a Request for Information (RFI) which solicits feedback on a variety of questions related to overall FLSA regulations including the standard salary level test. The 60-day RFI comment period ends on September 25, 2017.

The University System of Georgia (USG) continues to track the progress of potential FLSA regulations changes and the potential impact to USG Institutions and employees. Based on an analysis of the most recent updates, no additional action is required of USG Institutions at this time.

We will continue to provide updates via this website pending a final decision from the Federal Wage and Hour Division of the Department of Labor along with any actions necessary for compliance.

Marion Ross Fedrick, SPHR
Vice Chancellor for Human Resources
University System of Georgia

December 1, 2016

Per last week's notification, a U.S. District Court judge issued a preliminary injunction postponing the effective date of the U.S. Department of Labor's Fair Labor Standards Act overtime rule. As you know, the rule was previously scheduled to go into effect December 1, 2016. While it is expected the injunction will be challenged and potentially appealed, it is uncertain how long the process may take. In the meantime, pending final resolution, we have consulted with the Governor's Office of Planning and Budget and the Department of Administrative Services, and determined the interim steps for University System employees, as follows:

Any FLSA-related salary changes will remain in effect.

Some employees will be moved back to exempt status, and we will engage your human resources leaders to determine who will be impacted.

For now, all employees who were converted to non-exempt should continue to track their time until further notice.

Marion Ross Fedrick, SPHR
Vice Chancellor for Human Resources
University System of Georgia

November 23, 2016

On November 23, 2016 a U.S. District Court judge issued a preliminary injunction postponing the effective date of the U.S. Department of Labor’s Fair Labor Standards Act overtime rule. As you know, the rule was previously scheduled to go into effect December 1, 2016.

While it is expected the injunction will be appealed, it is uncertain how long the appeal process may take.

We are consulting with the State Attorney General for guidance in order to address the recent court action and plan for any pending changes.

Marion Ross Fedrick, SPHR
Vice Chancellor for Human Resources
University System of Georgia

What It Means for Managers

What Does It Mean?

If you currently earn less than $47,476 annually and are exempt or in a grade where others in your same title could earn less than the threshold, here is what this change may mean:

All hours worked on a daily basis will be captured via a time-keeping system – this means you will record time in and out each workday.

Compensation will be paid on a bi-weekly basis instead of a monthly basis.

All hours worked will be compensated, and overtime compensation will be paid as outlined in payroll policy.

This change in no way diminishes the value of employees’ work or the importance of their contributions to USG. The change of position from exempt to non-exempt is necessary to comply with the U.S. Department of Labor (DOL) regulations and provides employees with wage and hour protection afforded by the legislation. A change from exempt to non-exempt status will have no impact on pay grade, benefit elections, or your base hourly rate.

FLSA Designation

USG Human Resources adheres to DOL regulations and guidelines in evaluating the exempt or non-exempt designation of all staff and faculty positions. Additional details regarding the FLSA designations are provided below.

Exempt Employee

Not eligible for overtime.

Must record exceptions to work (sick, vacation, jury duty, etc.).

Non-Exempt Employee

Eligible for overtime.

Must record all hours worked in addition to absences.

Non-exempt employees must be paid for all hours worked. Hours worked include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

Calculating Overtime

When calculating overtime, it is important to note that overtime is based on the number of hours worked in the workweek, not the pay period. Hours that are not actually worked (holidays, sick, vacation, etc.) do not count towards calculating overtime.

Overtime must be approved in advance by the supervisor. The supervisor may also adjust the schedule within the same work week to manage overtime.

Higher Education Specifics

Many faculty members will be unaffected by the FLSA changes because they meet the FLSA's "teaching exemption." Some specialized faculty members who do not teach may be impacted (including those working part-time). Any specialized faculty reclassified to non-exempt will become overtime eligible (pre-approval of any overtime hours will be required) and will have new timekeeping procedures.

Adjunct instructors may also be exempt as teachers if they are employed and engaged as teachers in an educational establishment, where their primary duty is teaching, tutoring, instructing or lecturing.

Academic administrative personnel generally eligible for this exemption include: department heads; academic counselors and advisors; intervention specialists who must be available to respond to student academic issues; and other employees with similar responsibilities provided they are paid on a salary or fee basis of not less than the salary level, or be paid on a salary basis at least equal to the entrance salary for teachers in the same educational establishment. Institution HR departments will work with departments in determining whether or not this exemption applies and will be utilized.

Most students working for USG institutions are hourly workers who do not work more than 40 hours per week. The Final Rule will not affect these students.

Graduate teaching assistants who have teaching as their primary duty may qualify for the teaching exemption and may remain exempt under the Final Rule.

Graduate and undergraduate students engaged in research under a faculty member’s supervision in the course of obtaining a degree are considered to be in an educational relationship with the school. As such, the department would not assert an employment relationship with either the school or any grantor funding the research. Thus, in these situations, the department will not assert that such workers are entitled to overtime. This is true even though the student may receive a stipend for performing the research.

Enrolled student residential assistants receiving reduced room or board charges or tuition credits from USG are not generally considered employees under the FLSA, and therefore not subject to the FLSA’s wage and hour requirements.

Changing from Exempt to Non-Exempt

The most significant change associated with moving from exempt to non-exempt status is the change from being paid monthly to bi-weekly (every two weeks).

Deductions

Benefits (medical, dental, etc.) as well as parking deductions will be split between bi-weekly checks for non-exempt employees.

Non-exempt employees who are signed up for Flexible Spending Accounts, which are accounts designed to save money on taxes for health care or dependent care expenses, will not have to do anything. Their deductions will be recalculated automatically to be deducted in the remaining checks for 2016.

Employees enrolled in retirement savings plan should consult with their institution HR department to determine whether or not any action is required as a result of this change.

Flat additional deductions for taxes and retirement plans that were coming out monthly will need to be adjusted to prevent the same amount from coming out per check as a bi-weekly employee.

Travel Compensation

Generally, travel away from home is considered work time when it cuts across the employee's normal workday. This includes hours worked on regular working days during normal working hours as well as corresponding hours on nonworking days. Refer to institution and USG specific policies for details. Additional information is also available in DOL Fact Sheet #22 (Hours Worked Under FLSA)